Wednesday, May 3, 2017

THE LIBEL LAW

Cortland Evening Standard, Thursday,
March 1, 1894.

PAGE TWO—EDITORIALS.

The Libel Law.

◘ The New
York Herald is earnestly engaged in
an effort to amend the libel law of the state so as to make it conform, in some
degree at least, to the intelligence and decency of the closing years of this
century of progress. In this work it deserves the cordial assistance not only
of every newspaper editor and publisher but of every public-spirited and
liberal-minded citizen.

For some unaccountable
reason law-makers have generally been found in sympathy with an illiberal and
unreasonable libel law. The old doctrine of "the greater the truth, the
greater the libel" was simply infamous, yet it stood its ground in this state
against all attacks till the people in constitutional convention inserted in the
fundamental law of the state, what legislatures would not enact, the following:

SEC. 8. Every citizen may freely speak, write
and publish his sentiments on all subjects, being responsible for the abuse of that
right; and no law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions or indictments for libels, the
truth may be given in evidence to the jury; and if it shall appear to the jury,
that the matter charged as libelous is true, and was published with good
motives, and for justifiable ends, the party shall be acquitted; and the jury
shall have the right to determine the law and the fact.

Could a better protection for a scoundrel be
conceived of than the doctrine of "the greater the truth, the greater the libel,"
backed up by the presumption of malice on the part of the person publishing the
truth? What a club such a rule would be in the hands of a Boss Tweed or Boss McKane! Where would freedom of the press be under such a rule? When this rule
governed, however, the press was a small matter compared with what it is to-day,
and freedom of every kind was much more limited.

Yet the condition of the press at the
present time is only a single step in advance of what it was under the old
rule, so far as civil suits for libel are concerned. If a newspaper publishes
an article, except a true report of some public or official proceedings, which,
if it were false and malicious would properly be actionable—though it
may be gospel truth and written under a high sense of public duty—the law
infers that it to both false and malicious, and the editor or publisher who
gives it to the world to held to be guilty till he proves both the truth of the
article and the absence of malice. A murderous brute caught in the very act of
butchering his victim is presumed innocent till he to proven guilty, but an intelligent
and conscientious journalist who attacks a political scoundrel or an official thief
or a public abuse, if some thrifty [missing line at bottom of news page—CC editor]
individual is mixed up in it, is presumed to be a liar and a malignant assassin
of a spotless reputation till he clears himself of the charge. And any
candidate for cropped hair and prison stripes who is shown up in his true light
is privileged to strike hands with some shyster lawyer and put the man who has
unmasked him to all the trouble and expense of which the complicated machinery
of the courts is capable. The bare statement of such a condition of law ought
to work its change, but ultra-conservative legislators have thus far in this
state been successful in continuing it.

If The
Herald is unsuccessful before the legislature it should carry the fight into
the constitutional convention. The people have taken a hand in this matter once
before and it is time that they did it again. The man accused of libel should
at least be given as fair a chance as a horse thief, and his accuser be made to
prove both the falsity of the matter complained of, the malice of the person
who published it, and his refusal to retract and correct when the truth was
brought to his knowledge. And if retraction has been made, the person aggrieved
should be allowed to recover only such actual damage as he can prove, and not
be entitled to "smart money." The present law is barbarous, unreasonable
and out of harmony with the simplest and clearest principles both of law and
equity. It should be wiped out at once and forever.

◘
The question of consolidating New York city,
Brooklyn, Staten Island and several outlying towns on Long Island into one vast
city—Greater New York—will be
submitted to the voters of those districts next November. They might vote in
favor of it just to make New York greater than Chicago.

◘
A melancholy report comes from the Marquesas
and other French islands in the south Pacific. It is to the effect that the
natives of those islands are being exterminated by opium. Mr. W. Hoffner,
formerly manager of the French Commercial company there, says of them:

"The natives are dying off like flies.
In 10 years, if the present rate of mortality keeps up, there will not be one
of them left." The French government itself introduced opium to the
natives 20 years ago, and the present deplorable state of affairs is therefore
directly due to France. Now the authorities are trying to stop the deadly
traffic, but in vain. When a whole race becomes so depraved, deteriorated and
dirty that it to a menace to the rest of mankind, nature summarily snuffs it
out, as she is doing with the Marquesas and Dominique islanders now. But what should
be said of the civilized French nation that anticipated and upset nature by
destroying with opium a fine, strong race of savages who might have become a
credit to civilization, just as the new style of Indian will be in America?

Attend
the Caucuses.

Republican caucuses are to be held this
evening in the several wards to choose delegates to the convention to nominate
village officers. Every Republican should attend them. A wise, energetic and
economical administration of the affairs of the village is as important in its
way as a similar management of national affairs is on the broader field of the
country. The way to secure officers fitted for such conduct of village government
is to turn out at the caucuses and see that delegates are chosen who will
nominate them. To grumble and complain and curse the officials after they are
elected, or to vote the ticket and help elect other candidates who are less
desirable than the regular nominees is no way to correct real evils or to make it
clear that fancied ones do not exist.

If the duty of attending the primaries were
as faithfully met as is the most important business obligation, there would be
less grumbling at village government, partly because there would be apt to be less
cause for it and partly because a larger number of citizens would share in the
responsibility of nominations. When the time comes that district and ward associations
are formed, all Republicans enrolled and only those enrolled allowed to vote at
caucuses, far more interest will be taken in primaries than now, but even under
the present somewhat informal and hap-hazard system there is no reason why
every Republican voter who means to do his full duty as a citizen should not
turn out and make his influence felt. A good start in the right direction
cannot better or sooner be made than this evening.

HE TOOK
PARIS GREEN.

A
Summerhill Minister was Tired of Life.

James W. Miller, a sort of travelling missionary
preacher of Summerhill, took Paris green in Syracuse yesterday and nearly put
an end to his life. He fell upon the street overcome with the poison. Prompt
medical attendance saved him. He had lately been married to a nineteen-year-old
girl of Pompey. Miller is twenty-four years old. Later he learned that she had
been married to another man within two years and had been divorced from him.
She had since become tired of Miller and had gone home again. That made Miller
tired of life, and he concluded to put an end to his existence. He was taken to
the House of the Good Shepherd, and will undoubtedly recover.

DONJON
CONVICTED.

The
Letter Writing Crank Sentenced to Eighteen Months.

BALTIMORE, March 1.—Joseph Donjon was
convicted by a jury in the United States district court for violating a section
of revised statutes in regard to mailing threatening postal cards. Donjon
mailed a postal card in Baltimore, Dec. 20, 1893, to Vice-President Adlai
Stevenson demanding $25, and threatened to kick the vice-president out of
office if he did not send that amount back.

Lieutenant Lewis H. Hallenberger and Richard
E. Weeden of the Washington detective force testified that Donjon admitted to
them that he wrote the card.

Donjon testified in his own defense that he
was born in Austria, came to this country in 1882, was a molder by trade; that
he had written the vice-president, before Senators Sherman and Gray, the
senators of New Jersey and President Cleveland and had not been charged with
doing anything wrong. He did not mean to injure anybody.

His counsel tried without avail to have the
court declare the indictment invalid because it omitted the fact that he
refused to ask for the money "for expenses." Judge Morrison sentenced
Donjon to 18 months in the penitentiary.

Caused
by a Broken Rail.

SING SING, N. Y., March 1.—The through mail
and express train on the New York
Central & Hudson River R. R., due at the Grand Central depot at 6 o'clock
this morning, was wrecked about two and one-half miles below Sing Sing at 5:30
o'clock. It was a heavy train with two engines. The first engine went in the
river and was badly wrecked. The other engine, with two forward cars loaded
with express matter, also left the track and are [sic] badly damaged. No one was
seriously injured. The cause of accident is said to have been a broken rail. Travel
was blocked for three hours.

John Y. McKane.

Off For
Sing Sing.

BROOKLYN, N. Y. Mar. 1.—Sheriff Buttling
announced this morning that he would start with McKane for Sing Sing shortly
after noon. McKane's brother James was at the jail this morning. He will have
charge of his brother's affairs. There was a crowd around the jail to witness
the departure.

—The regular meeting of the board of managers
of the Hospital association will be held at the hospital Monday, March 5, at 3
P. M. Let every member be in attendance.

—Seven couples drove to Mr. David Fox's at
Preble last evening and spent a part of the night in dancing. Mr. John McDermott's
orchestra furnished the music. They returned at about 4 o'clock this morning.

—Mr. A. M. Jewett has souvenir spoons of the
Cortland Normal, which are models of neatness. In the bowl is carved an almost
perfect reproduction of the Normal buildings and the handles are of the latest
patterns.

—Just forty people started on the 3:15 train
for Elmira this afternoon to attend the athletic contests of the Twenty-sixth Separate
company, N. G. S. N. Y., in that city to-night. Various teams from the Cortland
Athletic association are entered.

—Mr. A. S. Perry has accepted a position with
the well-known firm of Messrs. Wanamaker & Brown of Oak Hall, Philadelphia,
to represent them as salesman. Mr. Perry is a young man of sterling business
quality and has an excellent reputation as a worthy and honorable young man.

—The Epworth leaguers from this part of the
country will go to the convention at Cortland on a special train on Thursday
afternoon at 3:30. It will stop at all stations to and including Van Etten, and
then only at Ithaca. Not less than 100 will start from Elmira. The train will
return Saturday morning. Elmira Star.

—Teachers' examinations for first and second
grade certificates are to-day being held by Commissioner Miller in room 215, Normal
building. Thirty-four people are taking the examinations, Examinations for
third grade certificates will be held in the same place to-morrow.

Opens
To-night.

The Epworth league convention opens in the
First M. E. church to-night. This evening's program consists of an address of
welcome by Dr. F. J. Cheney. This will be responded to by Dr. E. M. Mills of
Elmira, president of the league. Chancellor J. R. Day of Syracuse university is
also expected to be present and deliver an address. Should the Methodist church
not be large enough to accommodate the great number who are expected to be
present arrangements have been made to hold an overflow meeting in the Presbyterian
church. The program for to-morrow as previously published in The STANDARD will
be carried out.

The
Mozart Society.

Last Saturday evening Miss Covil's advanced
pupils met at her studio and organized a musical society which will be known as
the Mozart society. They elected Miss Covil, president, Miss Ruth Carpenter,
secretary, Mr. Dell Kingsley, Miss Maude Pike and Miss Sadie Hatler as
executive committee. The society will meet once a month, when a program of
vocal and instrumental music, with readings and recitations will be given. The
first meeting will be held at the home of Mrs. N. Jay Peck, the last of March.

Mr. and Mrs. C. D. Geer entertained a few
friends at their home on Pearne-ave., Tuesday evening, in honor of their guest,
Miss Jennie A. Clark of New York City. Progressive euchre was played. The
evening passed very pleasantly until 10 o'clock when the prizes were awarded.
Miss Jennie S. Weyant carried off the lady's first prize, a lovely pink and
white workbasket, and Mr. O. W. Monroe the gentleman's, a handsome photograph
case. Dainty refreshments were served at 10:30 o'clock.